Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12917 of 2021 Applicant :- Yunus And 3 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Pandey,Satish Trivedi (Senior Adv.),Sheshadri Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Sheshadri Trivedi, learned counsel for the applicants and learned A.G.A for the State and perused the material on record.
The instant application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. apprehending his arrest in connection with Case Crime no.0634 of 2018, under Sections 147, 148, 149, 308, 323, 325, 452, 504, 506 I.P.C., Police Station-Thakurdwara, District-Moradabad.
From the record, it is evident that the applicant has approached this Court after getting his anticipatory bail rejected by the court below on 27.05.2021.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Vs. State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned AGA as per Section 438 (3) Cr.P.C. (U.P.Amendment) is not required.
Learned A.G.A. submits that the charge sheet, in this case, has already been submitted.
I have gone through the contents of the FIR. There are four named accused persons namely Yunus, Mohd. Zakir, Shakir and Kasam@Kasim Ali.
It is contended by learned counsel for the applicants that out of four named accused persons, applicant no.2-Mohd. Zakir and applicant no.3-Shakir were arrested during the pendency of the anticipatory bail application. As such, the anticipatory bail application with regard to applicant nos.2 and 3 has rendered infructuous.
So far as applicant no.1 and applicant no.4 are concerned, the charge sheet has already been submitted against them and sufficiency or insufficiency of the material cannot be adjudicated at the stage of Section 438 Cr.P.C. Thus, I am not inclined to exercise my power under section 438 Cr.P.C. in favour of applicant nos.1 and 4 before the Court.
However, keeping in view the trying conditions on account of COVID pandemic, if the applicant no.1-Yunus and applicant no.4-Kasam@Kasim Ali surrender before the court concerned on or before 15.08.2021 and apply for bail, the same shall be adjudicated and decided by the courts below in accordance with law as early as possible.
Till the date of surrender, the applicant nos.1 and 4 shall not be arrested in connection with Case Crime no.0634 of 2018, under Sections 147, 148, 149, 308, 323, 325, 452, 504, 506 I.P.C., Police Station-Thakurdwara, District-Moradabad.
With the aforesaid observations, the present application stands disposed of.
Order Date :- 28.7.2021 Sumit S